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Reasons
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(영문) 서울남부지방법원 2020.04.23 2019나53493
물품대금
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1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is an individual entrepreneur who develops, produces, and manages the Internet and mobile web site, and the Defendant is a company with the purpose of points conversion (fixage), electronic commerce, system software development and supply business, etc.

B. On November 23, 2017, the Plaintiff entered into a contract with the Defendant to produce and manage the Defendant’s mobile web, website, and order management monitoring system, and to pay the Defendant’s price or cost (hereinafter “instant contract”). The key contents are as follows.

A (hereinafter referred to as "A") and A (hereinafter referred to as "B") enter into a contract for the production of a program and design to be produced in "A" as follows:

Total amount within 30,000,000 won for down payment: 15,000,000 won for remainder payment: 15,000,000 won for monthly management expenses of KRW 15,000: Details of work at KRW 1,50,000.

1. Aphiphones and hyd mobile web;

2. Web site;

3. Article 1 of the order management monitoring system / [Purpose] The purpose of this Agreement is to make the above work content “A” and to prevent “B” from being incurred in its production.

Article 2. [Payment of Price for Manufacture]

1. As “A” produces “B”, “A” shall promptly pay 50% of the cost of production from the date on which the contract is concluded to “B”.

2. “A” shall pay any balance to “B” at the time at which the Aphone and the Ad mobile web attachment is completed and delivered to “A”, and at the expiration of 10 days from the date of the commitment “B” may at will decide whether to suspend the use of the gram, and at the expiration of 10 days from the date of the commitment “B” shall operate the program so that “A” shall have paid all balance.

Article 4 [Responsibility and Obligations] “B” shall have the following responsibilities and responsibilities:

1. “A” shall be manufactured.

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